Policy · 2026-08-18
Massachusetts DPH Formally Lists Kratom as Schedule I: Possession and Sale Illegal Starting August 28
Source: The Berkshire Edge
Why it matters
Massachusetts becomes one of the most significant states to ban kratom outright, covering not just synthetic 7-OH but the entire plant and all its alkaloids — including mitragynine, which federal authorities have not scheduled. The enforcement mechanism is already in place: local boards of health can issue cease-and-desist orders and suspend commercial licenses.
The big picture
Massachusetts DPH Commissioner signed the emergency order on August 13, 2026, under M.G.L. c. 94C § 2A, which allows the state to designate substances as Schedule I without legislative action. The order covers the kratom plant itself, mitragynine, 7-OH, mitragynine pseudoindoxyl (MP), MGM-15, and MGM-16 — plus all isomers, esters, ethers, and salts. The order remains in effect for up to one year, through August 28, 2027. Massachusetts joins a growing list of states taking emergency action ahead of anticipated federal rules.
Key findings
- The Massachusetts DPH order was signed August 13, 2026 and takes effect August 28, 2026
- It covers Mitragyna speciosa (the plant), mitragynine, 7-OH, MP, MGM-15, MGM-16, and all related isomers and salts
- Possession or sale without a Massachusetts Controlled Substances Registration is unlawful
- Violators face imprisonment or fines under M.G.L. Chapter 94c, s 34
- Municipalities can enforce through cease-and-desist notices, citations, and suspension of commercial licenses
- The order remains effective for up to one year, through August 28, 2027
What they say
Municipalities are authorized under M.G.L. c. 94C § 2A to take enforcement action against licensed commercial establishments that continue to sell kratom, including cease-and-desist notices, citations, and suspension of municipal licenses or permits — according to the Massachusetts Department of Public Health order.
Bottom line
Starting August 28, 2026, kratom is a Schedule I controlled substance in Massachusetts — possessing or selling it is illegal, and local health boards can move immediately to shut down violating businesses.